Due to the unprecedented and rapidly changing landscape caused by the COVID-19 pandemic, FERC has provided multiple resources and notices over the last two weeks. Three of those relevant releases include an Epidemic/Pandemic Response Plan Resource, a policy statement providing guidance to oil pipelines impacted by the pandemic, and a notice that FERC is temporarily delaying the processing of all hardcopy submissions.…Continue Reading Update on FERC’s COVID-19 Response

On March 27, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied a petition for review filed by Baltimore Gas and Electric Company (“BG&E) arguing, among other things, that FERC’s application of its long-standing tax normalization policy to BG&E was arbitrary and capricious. The D.C. Circuit ultimately held that FERC reasonably explained its decision; however, the majority opinion also concluded that FERC cannot avoid its obligation to provide a reasoned explanation of contrary treatment of “similarly situated” parties merely because (i) prior orders were issued pursuant to delegated authority, or (ii) the prior orders were unopposed. …Continue Reading Divided D.C. Circuit Weighs Precedential Value of FERC Staff Delegated Letter Orders in Rate Dispute

On March 27, 2020, FERC Chairman Neil Chatterjee and senior FERC staff members began periodic meetings with the National Association of Regulatory Utility Commissioners (“NARUC”), the National Association of State Energy Officials, and the National Governors Association to coordinate efforts to help ensure the reliability of the nation’s energy transmission and distribution systems during the coronavirus pandemic. FERC and NARUC are currently urging all state authorities to designate utility workers as essential to the nation’s critical infrastructure.…Continue Reading Update on FERC’s Response to COVID-19

On Thursday, March 19, in lieu of its monthly Commission meeting, FERC issued a Notice regarding its response to the Novel Coronavirus Disease (“COVID-19”) and the President’s March 13 declaration of a National Emergency. Chairman Neil Chatterjee delivered comments about the Notice and the Commission’s operations in the coming weeks and months.…Continue Reading FERC Issues Notice on Commission Operations During COVID-19 Emergency

At FERC’s monthly meeting held on January 23, 2020, Commissioner Bernard L. McNamee announced he will not seek reappointment as commissioner after his current term ends on June 30, 2020. Commissioner McNamee indicated that he will serve through the end of his term or later, if needed to help maintain a quorum at FERC in 2020.…Continue Reading Commissioner McNamee Announces He Will Not Seek Reappointment

On December 2, 2019, FERC staff (“Staff”) issued its annual report (“Report”) on demand response and advanced metering, a high-level review of demand response potential in the retail and wholesale markets. In the Report, Staff highlights that: (i) advanced meters account for more than half of all meters in operation in the United States, (ii) multiple states have received approval for, or proposed, advanced meter deployment programs, (iii) many state regulators appear to support advanced meter investments, and (iv) from 2017 to 2018, there was an almost 8% increase in the overall demand response participation in wholesale markets.…Continue Reading FERC Staff Issues 2019 Assessment of Demand Response and Advanced Metering

On August 29, 2019, FERC issued a final rule revising 18 C.F.R. § 385.2001(a) and requiring that all physical filings and submissions to be delivered to FERC, other than those sent via the U.S. Postal Service (“USPS”) are to be sent to FERC’s off-site security screening facility in Rockville, Maryland (see September 17 edition of theWER). The rule was scheduled to go into effect on November 4, 2019, 60 days after its publication in the Federal Register.…Continue Reading FERC Postpones Effective Date of Filing Regulation

About The Firm*

With a diverse practice mix, workforce and footprint, Troutman Sanders has cultivated its reputation for a higher commitment to client care for over 120 years. Ideally positioned to help clients across sectors realize their business goals, the firm’s 650 attorneys transact for growth, resolve mission-threatening disputes and navigate complex legal and regulatory challenges. See troutman.com for more information.

*On January 9, 2020, Troutman Sanders and Pepper Hamilton announced the firms had agreed to merge effective July 1, 2020. The new law firm, Troutman Pepper Hamilton Sanders LLP, or “Troutman Pepper,” will have 1,100 attorneys in 23 offices across the country. Troutman Pepper will offer its clients greater resources and bench strength, enhanced practices and expanded geographical reach.